The article is devoted to the study of the concept of expropriation of property in accordance with the practice of the European Court of Human Rights. In particular, such concepts as control over the use of property and confiscation of property are considered. It was found that the provision of Article 1 of Protocol 1 to the 1950 European Convention on Human Rights consists of three separate prescriptions, in particular: the rule is of a general nature and establishes the principle of unhindered use of property; refers to deprivation of property and conditions it under certain conditions; it is recognized that the Contracting States have the right, inter alia, to control the use of property in accordance with the general interest, by applying such laws as they consider necessary for this purpose. A state party to the Convention has the right to enact such laws as it deems necessary to control the use of property in accordance with general interests. That is, it provides an opportunity to independently judge the need for such a law. At the same time, a minimum legal framework, including an appropriate forum, must be maintained to enable those who claim that their rights have been violated to effectively assert and enforce their rights. Any state interference with such a right must be lawful and a fair balance between private and public interests must be observed. Achieving a fair balance means that in every case involving an alleged violation of this norm, it must be established that the person does not bear an unreasonable and excessive burden because of such actions or inaction of the state. Legitimacy means that the state's intervention in property rights must be carried out by ensuring compliance with laws that must be sufficiently accessible, precise and predictable in their application. We have come to the conclusion that any interference by the state authorities in the right to peaceful possession of one's property can be justified only if it is not only legal (taking into account the instability, in particular, of domestic laws with their negative temporal property) but also corresponds to public interests by means reasonably proportionate to the goal to be achieved.
This article is devoted to the issues related to clarifying the essence of the professional duty of a lawyer to improve their skills. This article examines the different approaches of scholars, as well as reveals the position of the legislator to determine the legal nature of the institute of professional development, which is perceived as one of the defining professional responsibilities of a lawyer. International and regional standards are also analyzed, which are important for the formation of quality national (domestic) standards of organization and activity of the bar. The position is argued that the improvement of a lawyer’s qualification is one of his defining responsibilities, the consolidation of which is primarily aimed at ensuring the proper implementation of the constitutional right of a person to receive professional legal assistance. Emphasis is placed on the fact that such assistance is impossible without a lawyer with the appropriate set of knowledge and experience in solving the tasks assigned to him, awareness of the specifics of tactics and methods of advocacy, possession of a wide range of both procedural and non-procedural methods of professional assistance. To achieve this goal, the author used methods typical of legal science. The research was conducted using primarily the system-structural method and the dialectical method of cognition of legal reality. Based on the study, the author concludes that the continuous and continuous improvement of lawyers’ skills plays an important role in the functioning of the professional bar and is one of the main prerequisites for the successful functioning of the justice system as a whole. as one of the basic principles of the organization of advocacy, which in essence is a mandatory standard of the legal profession.
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